• Service change lien option

Sir, 
I am Kiran and am working at present in central government as a engineer.
I recently got selected to state government (Andhra Pradesh) group-1 adminstrative services.
My question is there lien option in this case i.e can I go on relief to new job and can I come back to my central job with in specified time limit.
Is pay protection available in this case


Kindly help me in this
Thanking you
Asked 7 years ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

hello,

protection of lien is available where you are either in the same department or transferred to another on deputation. then your lien is protected and when you come back you can join your parent department and post.

here, you were selected in a central govt. department but later got selected in a state govt. department. so you have to leave either of the two although pay protection would be definitely provided.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) You have to check the letter of appointment of Central Government and clauses in the agreement which you had signed while at the time of joining and work it accordingly.

2) Need to now more details clauses of lien which are written in the agreement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Firslty, there is no provision for the same.

Secondly, as when you go for the state job then you may be asked to give relieving letter of the previous job.

Thirdly, Nd onc you have acquir d the same then you can’t get back to the same company.

This may be accepted in the private firms.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

if in the appointment letter which you receive from the state government there is any clause as regards deputation, only then there can be any lien otherwise the facility of lien is not available to you

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

Dear Client,

Lien in govt job. of permanent employee retains for 2 years which can be raise to 1 more year in exceptional cases.

Lien cannot be terminated in any circumstances and available in your situation.

About Pay Protection - as per provisions of Fundamental Rule FR15 (a) it's NOT permissible to take up appointment in a lower post carrying less pay (now Grade Pay) than that of the post on which the employee holds lien.

Same has been ruled by SC - No pay pay protection while joining at lower pay grade.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello,

The state govt provides for pay protection but these specifics can be answered only after the relevant department rules have been looked into.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) than do not take risk of changing the job, stay with the central government job.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Pay protection is not available in this case

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

My question is there lien option in this case i.e can I go on relief to new job and can I come back to my central job with in specified time limit.

Is pay protection available in this case

Technical Resignation is a facility provided to the Central Government employees who are going to join other Central Govt jobs.

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, the resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word “Technical” while submitting his resignation.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Is pay protection available when my present (central government) salary is twice the new job(state government job) salary.

In cases of appointment of a Government servant to another post in Government on acceptance of technical resignation, the protection of pay is given in terms of the Ministry of Finance OM No. 3379-E.II:l (B)/65 dated the 17th June, 1965 read with proviso to FR 22-B. Thus, if the pay fixed in the new post is less than his pay in the post he holds substantively, he will draw the presumptive pay of the pay he holds substantively as defined in FR-9(24). Past service rendered by such a Government servant is taken into account for reckoning of the minimum period for .grant of annual increment in the new post/ service/ cadre in Government under the provisions of FR 26 read with Rule 10 of CCS (RP) Rules, 2016. In case the Government servant rejoins his earlier posts, he will be entitled to increments for the period of his absence from that post.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer